Human Rights and Atrocities against Dalits
A Research Project Report:
Human Rights and Atrocities against Dalits
By: Lalit P. Khandare
Submitted in partial fulfillment of the course requirement of Post Graduate Diploma in Human Rights Law
NATIONAL INSTITUTE OF HUMAN RIGHTS
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
BANGLORE
Content Pg. No.
1. NTRODUCTION
2. HISTORY OF OPPRESSION AND CRIME AGAINST SC/ST
3. THE RIGHT TO LIFE AND SECURITY
4. POST-INDEPENDENCE SOCIO-LEGAL INITIATIVES
5. THE EVALUATION OF LEGAL MEASURES
6. SOCIAL REFORMERS FOR ABOLITION OF UNTOUCHABILITY
7. INTERNATIONAL INTERVENTIONS
8. ROLE OF NGOS AND INGOS
9. NEED FOR FURTHER INTERVENTION
10. CONCLUSION
11. REFERENCES
1. Introduction:
There are social economical and political reasons for history of oppression and crime against Dalits and Adivasis. Nowhere in the history of mankind is there any system like as we posses it in India. This caste system alone has created a section of sub-human beings in this country in the form of Dalits, whose human rights have been trampled systematically for ages. Under this mysterious system, these subhuman beings are safe as long as they have to face the eternal war of extermination, which is silently operating in the form of atrocities.
When our national leaders and constitutional makers were occupied with the thoughts of making the new born India a better place to live in, of securing economic and social justice for the various people subjected to centuries of exploitation …they were clear that all this is impossible without ensuring special treatment for the deprived. Article 14 to18 of the Constitution, which effected a fundamental change in the social and legal realm for India. Under Article 17 of our Constitution abolishes the practice of “Untouchability” and punishes the enforcement of any disability arising out of the practice. Thirty -four years after the introduction of the PCR Act, the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Rule, 1995 was enacted to bring these other forms of abuses to an end .In the Atrocities Act … the complainant is given more weight. There are also stringent provisions against the police for negligence. The 1989 Act specifies the eighteen types of atrocities for penalty.
Not a day passes when a major incident of atrocities on Dalits in the country does not take place, and brutal and cold-blooded means are employed by the perpetrators of crimes. The Special exclusive Courts envisaged under prevention of Atrocities Act, 1989, have not been established so far, disposed of cases is tardy, the witnesses belonging to scheduled castes are being discarded as interested parties and other witnesses are turning hostile. The conviction rate is very poor and the acquittal rate in such cases was as high as 95 percentages.
Organisations like NCDHR, Navsarjan, Manav Hakk Abhiyan, ICHRL and others are working on the cases of Dalit and Adivasi atrocities.
The Untouchability has multiple dimensions for its persistence in today’s society. The strategic micro and macro level initiatives are needed to tackle the crime against Dalits and Adivasis. There is need civic and state initiatives to ensure their basic rights to livelihood, education, land and labour, right to life & security and equality of opportunity
The Indian Government should fully implement the provision of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995.Indian government should enlist the support of the United Nations multilateral financial institutions India’s trading partners and national and international government organisation to the pervasive problem of caste –based abuse. It should also place a priority on strengthening institutional mechanisms aimed at addressing issues of violence and discrimination.
Genuine initiatives are needed to target the root causes of the crime against Dalits and Adivasis .The politicians, social activists, judiciary, executive and media to abolish the Untouchability and problems of Dalits and Adivasis. This will only bring the equality, justice, freedom and fraternity in true sense.
2. History of oppression and crime against SC/ST:
"No where in the history of mankind is there any system like as we posses it in India. This caste system alone has created a section of sub-human beings in this country in the form of Dalits, whose human rights have been trampled systematically for ages. Under this mysterious system, these subhuman beings are safe as long as they have to face the eternal war of extermination which is silently operating in the form of atrocities."[1]
The Hindu religion is based on Caste System with graded inequality, Brahmin (Priest caste) on the top, below comes Kshatriya (ruling caste), below comes Vaishya (business caste), below stands Shudras (menial caste) to serve all 3 masters, and Untouchables are the lowest of the low- the Out-Caste. In this caste hierarchy power is in ascending order and contempt is in descending order. This is like a 5 story building with no stairs to go-water tight compartments. The top 3 castes are the ruling high caste less than 15%, but control 80 % of the power, wealth, police judiciary and 90% media.
In villages Dalits cannot fetch water even from the public well or the well gets polluted as per hindu beliefs. They cannot socialise in village cafe for the fear of pollution. If they dared, there are many cases of beatings, killings by high caste Hindus.
The Hindu religious traditions in certain parts of India force 6 year old female Untouchable child to marry to temple god by coercing her parents-the landless labour, and at puberty they rape her and every year 5000-10,000 these children are secretly auctioned to the brothels of Bombay and other major cities. This system is known as Devdasi or Maidens of God. Other sanctified female child prostitution is called Jogins where a child at puberty is forced to stay with her parents as a BONDED LABOUR and the Hindu masters visit her at her house to have the sexual pleasures. Moreover, the evidence shows that the vast majority (80-98%) of bonded labourers in India come from Dalits and Adivasi communities.
3. The right to life and security:
Rule of Caste over Rule of Law Untouchability- Same as it Ever Was: Despite official assertions and the mass of educated, urban beliefs to the contrary, dozens of forms of untouchability, varying in their degree of inhumanity, persist unabated today in rural areas. A 1996 survey of 69 villages in Gujarat revealed that 46 villages had separate water facilities for Dalits. A 1992-1993 survey of 52 villages in Karnataka revealed that 80% bar Dalits from entering into hotels. 400 villages in Warangal District, Andhra Pradesh, still practice the two-tumbler system for tea and coffee in 1999. The evidence presented by the Black Paper is sufficient to show that these examples are easily multiplied and even include incidents of highly perverted social behavior such as forcing Dalits to drink or eat excreta, dumping carcasses or other waste matter in their premises and polluting their drinking water sources.
The prevalence of the menace of untouchability denies Dalits the ability to live his or her day-to-day existence and carry out mundane activities with even a modicum of human dignity: drawing water, taking tea, moving about freely, wearing clothes of one’s choice, worshiping freely, etc.
Manual Scavenging: What National Pride? Today, even as we march into the 21st century as a nuclear power, there are four to eight lakh Dalits having to manually carry human excreta as part of the sanitation arrangements in various places, including our nation’s capitol. They earn a mere Rs. 50 a month. Rehabilitating less than a million manual scavengers in a population of a thousand million is no gigantic task, especially, when the programme can be concentrated on just four states where 70% of the manual scavengers live. Given that laws banning the practice are in place and crores of rupees have been allocated for their rehabilitation and to build flush latrines, why does this major social evil and blot on national pride continue? Why do our leaders make it so obvious that they have no moral conscience whatsoever?
Atrocities- Caste (read "Mob") Rule: In hundreds of districts and several states, Dalits live today in a constant state of alert and fear due to threats to their life and security from upper-caste militias, sometimes abetted by or tacitly condoned by police. Since it was founded in August 1994, the Ranavir Sena has perpetrated 19 massacres killing 277 persons, almost all of them poor, landless Dalits. Till date, no important member of the Sena has been tried in court.
From 1995 to 1997, a total of 90,925 crimes against Dalits were registered by police, of which 1617 were for murder, 12,591 for hurt, 2824 for rape, and 31,376 for offenses listed under the SC and ST Prevention of Atrocities Act, 1989. These numbers represent only registered crimes. Either due to intimidation, inaccessibility of police stations, or loss of faith in the law enforcement agencies, many cases go unreported.
There is more than enough data and evidence to show that "untouchability is not an ancient cultural artifact, it is human rights abuse on a vast scale," [2]
4. Post-Independence Socio-Legal Initiatives
When our national leaders and constitutional makers were occupied with the thoughts of making the new born India a better place to live in, of securing economic and social justice for the various people subjected to centuries of exploitation …they were clear that all this is impossible without ensuring special treatment for the deprived. Article 14 to18 of the Constitution, which effected a fundamental change in the social and legal realm for India. Under article 17 of our constitution, ”Untouchability” stood abolished ,and its practice became forbidden, special provision for Affirmative-Action (reservation)contained in Article 15 and 16 and to protect Dalits from Social injustice and all forms of exploitation ,the laws made in that behalf ,namely ,the Protection of Civil Rights Act 1955and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities )Act, 1989.These provisions have not resulted in substantial improvement in the status and position of the Dalits even after 55 years of Independence .
Under Article 17 of our Constitution abolishes the practice of “Untouchability” and punishes the enforcement of any disability arising out of the practice. In order to enforce Constitutional provision, the Untouchability (offences) Act, 1955 was passed by the Parliament to make provisions for punishment for offences that amounted to observance of Untouchability in any form .On realization of the of the need to make the law stringent ,the Act was amended and renamed as the Protection of Civil Rights Act,1955 under which the Practice of 'Untouchability ' has been made an offence both cognizable and non cognizable .However ,convictions under this Act have been very few. Even where the cases ended in conviction ,the punishment has been to been too formal .The greatest deficiency of the Protection of Civil Rights Act was the fact that abuses against Dalits were not limited to name calling or denial of entry into public spaces: violence was defining characteristics of the abuse .Thirty -four years after the introduction of the PCR Act ,the Scheduled Caste & Scheduled Tribes(Prevention of Atrocities )Act, 1989 and the Scheduled Caste & Scheduled Tribes(Prevention of Atrocities )Rule, 1955 was enacted to bring these other forms of abuses to an end .In the Atrocities Act … the complainant is given more weight. There are also stringent provisions against the police for negligence. The 1989 Act specifies the eighteen types of Atrocities for penalty.
The promulgation of this Act itself was an acknowledgement by the central government that abuses, in their most dehumanizing form, continue to take place against Dalits throughout the country.
Not a day passes when a major incident of atrocities on Dalits in the country does not take place ,and brutal and cold-blooded means are employed by the perpetrators of crimes. The Special exclusive Courts envisaged under prevention of Atrocities Act,1989 ,have not been established so far ,disposed of cases is tardy ,the witnesses belonging to scheduled castes are being discarded as interested parties and other witnesses are turning hostile . The conviction rate is very poor and the acquittal rate in such cases was as high as 95 percentages.
The past annual reports of National commission shows that the average number cases registered annually were 480 during the 1950s ,903 during the 1960s ,3240 during the 1970s and 3875 during the 1980s .The incidents of atrocities against the Scheduled Castes ,that on average 30,000 cases of general crimes and atrocities committed against Dalits were registered annually during 1981-97 . During 1981-86 and 1995-97 a total of 2,69,000 cases of crime and atrocities were committed against Dalits .The break -up of the atrocities for the year 1997 shoes 504 cases of murder ,3,462 of grievous hurt ,384 of arson and 1,002 cases of rape ,and 12149 cases of other offences .The data between 1981-1997 showed that on an average annually about 508 Dalit were murdered ,about 2343 were hurt ,847 were subjected to arson ,754 women were raped and about 12000 were subjected to other offences .The violation of civil rights shows that Dalits can not enjoy the liberty and equality in civic and political sphere. In Tamilnadu ,from 1992 to 1997 , some 750 cases of atrocities against Dalits were registered annually by the state police .However , the number of convictions secured by protection of civil rights cells established in each district to implement the Atrocities Act was very low .From 1992 to 1997 only four out of 1500 case led to a conviction ,despite the fact that in 1997 as many as 118 villages were considered by the government to be “atrocities – prone”.[3]
States Incidences of total % contribution to
Cognisable crimes(against Dalits ) All India Total
total
Uttar Pradesh 10963 34.9
Rajestan 6623 21.1
Madhya Pradesh 4075 13.0
Tamilnadu 1812 5.8
Gujarat 1764 5.6
Andhra Pradesh 1629 5.2
Maharashtra 1352 4.3
Karnataka 1089 3.5
Bihar 810 2.6
Kerala 640 2.0
Orissa 486 1.5
(*) This list contains only states having incidences above 100
This list contain only reported crimes[4]
5. Evaluation of Legal Measures
National SC/ST Commission Report (1996-97&1997-98) reflects that the projects conceived for the development of SC/ST are starved of funds. Land ceiling laws have not been enforced & SCs/STs are not accorded priority in the land allotment ,land illegally alienation to the non-SCs/STs are not restored to the original allottees and the ownership of the productive assets is also unequally distributed to the disadvantaged SCs/STs. The quota of reservation is not being filled ,instead the existing privileges and concessions available are being withdrawn by the government and untouchability is prevalent in various forms in the country.
The implementation of Atrocities Act and other legislation, however, depends largely on the ability and willingness of the Police to follow proper procedures and overcome caste biases, economic hurdles and other obstacles.
Police, in, some cases perpetrate atrocities, they use various tactics in order to avoid investigating and/or prosecuting rights violation against Dalits and implementing the SC/ST Act. Police brutality and custodial deaths happen much frequently than they should. The report prepared by the SAKSHI (NGO working in A.P.) documented 14 cases of such human rights violations perpetrated by the very people entrusted to uphold the law and protect the citizens from harm .In many of these cases , the police arrest the victim on false cases or bring them in for questioning in connection with theft cases. In many incidents of custodial death and police brutality, the police are not arrested suspended, unless the press wildly publicizes the incident.
In many cases victim never even get a chance simply because police refuse to register the case . As a result , the are not even arrested. Some times , the police themselves mediate in the conflict , but they usually end up "mediating" on behalf of the perpetrator , rather than being impartial , objective third party . In another attempt to force the Dalit victim to withdraw their complaints or cases, police have been known to foist false cases against Dalit at behest perpetrator and their kith and kin. Cognizant of the fact that the SC/ST Act is a very powerful act with strong punitive and retributive measures , police are often reluctant to register cases of Dalit atrocities under the Act.
Rule 7(1) of the Act stipulates that cases registered under the Act an officer no lower than the rank of Deputy supt. of Police should conduct the investigation. In many cases however ,an officer of rank conducts the investigation and the Deputy Supt. of Police simply sign off on it .There have been instances in the lower courts where the judge has acquitted the accused or squashed an appeal on the grounds that the DSP has not conducted the investigation as per Rule 7(1).This raises the suspicious that police deliberately subvert the rules o Investigation in order to weaken the case in the courts.
The backlog of cases is largely due to lack of special courts and special prosecutors .Pursuant to the Act each revenue district within each state must designate a special court for the trial of such offences .According to lawyers with the People’s Union for Civil Liberties (Tamilnadu) ,Almost all atrocities Act cases go to regular sessions courts , which are already overburdened with original and appellate jurisdiction over district level civil and original cases .Even if the a case reach the trial level , the local police biases are mirrored at the judicial level.[5]
6. Social reformers for abolition of untouchability:
There were so many leaders who had questioned the existing social system. Among them where Buddha in the ancient period, Mahatma Jyotiba Phule, Ayotheethas Pandithar, E.V. Ramasamy and Dr.D.R.Ambedkar. Among these Dr. B.R.Ambedkar played a prominent role. He was unhappy to see the oppression and suppression of the so-called “untouchables”. They were denied of their basic rights and were humiliated in all spheres of life. In December 1927 he led a Satyagraha to establish the civic right of the Untouchables to draw water from a public tank, “Chavdar Talav”, at Mahad, district Kolaba (Raigad at present). He was also nominated as a delegate to the three Round Table Conferences. Gandhi opposed his demand for separate electorates for the Untouchables. The communal award on August 1932 conceded separate electorates for the Untouchables. Gandhi went on fast unto death on 20 September 1932 and finally POONA pact was made on 24th September 1932. Later on in 1935 he made a statement that the Untouchables would leave the Hindu fold altogether and accept some other religion as it never recognized the social equality. Finally, on 14th October 1956 he embraced Buddhism and advised his followers to accept the new faith. The most important thing in his career was when he became the Chairman of the Drafting Committee to frame the constitution of India. In 1955 he founded the Bharatiya Buddha Mahasabha for the spread of Buddhism in India.
7. International Interventions
India is a signatory for several United Nations Conventions and so obliged to abide by their provisions. The Committee on the Elimination of Racial Discrimination (CERD) and the Human Rights committee (HRC) , monitoring bodies under the United Nations International Conventions on the Elimination of all forms of Racial Discrimination and the International Covenant on Civil and Political rights, respectively , have both expressed concern over the severe social discrimination still practiced against members of Scheduled Castes and Scheduled tribes. Both committees have also recommended measures that can be taken to ameliorate the situation.
At the UN CERD 61 Session Geneva, Switzerland, 10 August 2002 Historic Decision by UN Committee on the Elimination of Racial Discrimination to draft General Recommendation of Caste based discrimination
This is indeed a historic decision taken by the UN Committee for the Elimination of Racial Discrimination (UN CERD) to pass a General Recommendation on the Caste Based Discrimination. This implies that Caste based discrimination will be directly addressed with clear guide lines of monitoring by the states within their respective countries as well as reporting to the CERD in its deliberations. The important spin-off is that Caste based discrimination will be addressed the many UN bodies on its own identity and within the parameters of the discrimination being experienced by the Dalits and similar communities across the world. It will mean that every Charter body or relevant international Conventions like CRC (Convention of Child Rights), CEDAW (Convention of Elimination of Discrimination Against Women), ICCPR (International Convention for Civil and Political Rights), ICSECR (International Convention on Social, Economic and Cultural Rights).
There were statements from Joint Statement from of 26 NGOs (International Dalit Solidarity Network), National Campaign on Dalit Human Rights, India, National Federation of Dalit Women, Sakshi-Dalit Human Rights Watch – Andhra Pradesh, Centre for Dalit Human Rights, Rajasthan, AP Jogini Vyvastha Vyathireka Porata Sanghatan, Lutheran World Federation-Geneva, International Movement Against discrimination and Racism – Japan, Buraku Liberation League, Nepalese Dalit NGO Federation, Human Development Organisation – Sri Lanka, National Dalit Commission (Nepal), RADDHO (Senegal ), SAFRAD- Somali Association, Timidria – Niger, Centre Minority Rights Development (Kenya).
National Human Rights Commission, New Delhi, India[6]
This World Conference Against Racism, Racial Discrimination, Xenophobia & Related Intolerance holds, in reality, a mirror to the soul of each of us. The Commission is acutely aware that the journey to end discrimination, injustice and inequality will be long and often frustrating. But it is convinced that, in this mission, the Constitution of the Republic has shown the way. Legislative and affirmative action programmes are firmly in place, but unquestionably need to be far better implemented. The Commission is convinced that discrimination on any of the grounds contained in the Constitution of India, and these include race, caste and descent, constitute an unacceptable assault on the dignity and worth of the human person and an egregious violation of human rights. Such discrimination must therefore be eradicated, as must other forms of discrimination covered by United Nations treaties. The Commission holds the view that the instruments of governance in our country, and the energetic and committed non-governmental sector that exists, can unitedly triumph over the historical injustices that have hurt the weakest sections of our country, particularly Dalits and Scheduled Tribes. This is above all a national responsibility and a moral imperative that can and must be honoured.
8. National level NGOs for prevention of crime against dalits and adivasis:
Organisations like NCDHR, NAVSARJAN, MANAV HAKK ABHIYAN, ICHRL and others are working on the cases of Dalit and Adivasis atrocities. They are working with different strategies. Some of the major initiatives of these NGO’s are as follows:
Ø Organisational and Legal support to the effective implementation of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and other relevant acts.
Ø Land reforms - implementation of land ceiling act and redistribution of lands.
Ø Conducting Public Hearing at the places of atrocities.
Ø Advocating for policy implementation for abolition of untouchability at national and international level.
9. Need for further intervention:
As we have seen that Untouchability has multiple dimensions for its persistence in today’s society. The micro and macro level initiatives in various field is the need of an hour. So that the issue of crime against Dalits and Adivasis can be tackled to a large extent by assuring them their right to Livelihood, Education, Land & Labour, Life and Security ,equality of opportunity.
Rights to Life and Security:
The Indian Government should fully implement the provision of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995. In particular it should ensure that State constitute and oversee state and district level vigilance and monitoring committee, as required by Rules 16 and17 of the SCs and STs (POA)Rules ,1995 ,for the implementation of the Act .Government take consult with local , NGOs in the in the process of investigation .
Ensure that States establish special courts in every revenue district and appoint special public prosecutors to try cases arising under the Atrocities Act.
Each police station should have a SC/ST Atrocities cell to handle investigation of abuses and alleged violation of Atrocities Act . Each revenue district should also have a special duty superintendent of police challenged with investigating atrocities under the act .The cells should work closely with the vigilance and monitoring committees established under the Atrocities Rules to ensure full enforcement .
Ensure immediate and full compensation by the district administration to victims of atrocities as per the atrocities Rules.
Provide training to district officials charged with enforcing the Atrocities Act.
Statutorily empower the National Commission for Scheduled Caste and Scheduled Tribes to oversee implementation of Atrocities Act in all States.
Strengthen the capacity of the National Human Rights Commission and the National commission for women to operate branch offices in all states with enough financial resources and powers to initiate prosecution of cases.
Implement recommendation made by the National Police Commission in 1980, specifically those that call for a mandatory judicial inquiry in cases of alleged rape, death or grievances injury of people in police custody.
Ensure that each police Station has adequate female police personnel, consistent with adequate female police personnel, consistent with recommendation made by the National Commission for SCs and STs.
Launch a nation wide public awareness campaign regarding the legal prohibition of “untouchability”,”atrocities” and other forms of discrimination and violence against Dalits. The ignorance and indifference to the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and other such laws requires radical steps to sensitize the law enforcement offences, in particular the police and the bureaucracy about the urgency and importance of the provision of this Act .The genuine initiatives are needed to target root causes of the problem, involving the politicians, social activists, judiciary, executive and media to abolish the caste system from Indian society and bring justice , equality ,freedom and fraternity to treat a human as human.
Right to Livelihood
To amend Art. 21, Part III, Fundamental Rights, so as to include the following rights for all citizens, but with preferential consideration for SCs and STs: right to a standard of living adequate to their health and well-being in areas such as food, safe drinking water, clothing, housing, public health and medical care, social security and social services; right to free and compulsory education; right to own five acres of cultivable land, or to gainful employment; right to a living wage. To allocate adequate funds in the annual budget of the Centre and States to the tune of 20% of GDP in order to enable the implementation of the policies and programme related to the same amendment of the Constitution. To enact a law in Parliament which would tax 15% of the annual income of the private corporate sector in order to augment the resources necessary for the effective and swift implementation of the policies and programme.
Right to Education
Implement both in letter and spirit compulsory, universal and free education for Dalits. Make the reservation quota mandatory for all private educational institutions at different levels- from primary to technical and professional. Take total responsibility for making Dalit communities literate within a specified period of ten years.
Right to Land & Labour
Bring down the ceiling limit of land ownership in the Land Reforms Act. From the declared surplus land under the Land Ceiling Act distribute a minimum of five acres of cultivable land to each Dalit household within three years. Appoint statutory committees at national and state level, under the purview of the SC/ST Commission, to identify within a specified time-frame all the Panchami Lands; to study the extent of areas occupied by non-Dalits; to assess the quantum of compensation to be paid by the non-Dalits for having utilized the lands; to identify and distribute the lands to the original Dalit owners and their nearest kith and kin.
Right to equal opportunity
Fill all backlog posts meant for Dalits immediately and, that too, only with Dalits. Make reservation mandatory in the private sector in the same proportion as it is in the government institutions. Review the earlier policy of prohibiting reservation to certain areas like judiciary, trustee posts, etc. Ensure, in the light of the Supreme Court verdict- reservation should not exceed more then 50%- that the representation of the forward castes (non-SC/ST/OBC) does not exceed 50%.
10. Conclusion:
Indian government should enlist the support of the United Nations multilateral financial institutions India’s trading partners and national and international government organisation to the pervasive problem of caste –based abuse. It should also place a priority on strengthening institutional mechanisms aimed at addressing issues of violence and discrimination. Genuine initiatives are needed to target the root causes of the crime against Dalits and Adivasis .The politicians, social activists, judiciary, executive and media to abolish the untouchability and problems of Dalits and Adivasis. This will only bring the equality, justice, freedom in true sense.
11. References
Chandra and Pradhan(2001) :Crime against SCs/STs in Rural Areas: a study of causes and remedies, ,Journal of Rural Development,Vol 20(1),Jan-Mar.2001.
Susan Byle(1999):The Cambridge History of India-Caste Society and politics in India, Cambridge University Press.
Chandra,Sailaja, Justice V.R.Krishna Iyer on Fundamental Rights and Directive Principal’, Deep and Deep Publication House, New Delhi.
Thorat Sukhdeo, Oppression and Denial –Dalit Discrimination in the 1990s, Economic and Political Weekly,February,9,2002,
Moon, Vasant (1987): Dr.B.R. Ambedkar:writing and Speeches, Volume3, Government of Maharashtra.
Ghosh,S K, (1987): Law enforcement in tribal areas , Ashidh Publishing House, New Delhi,1987.
National SC/ST Commission,GOI, Report ,1996-97 & 1997-98,p.309 Report(2003)
‘Dalit and Globalisation’ by National Campaign For Dalit Human Rights
Barse,Sheela : Our Children are Gone –an attempt to interpret the Indian Constitution and the international law on indigenous peoples and their children’s rights, NeergauravResearch & Development Foundation, Mumbai.
Prakash Louis: Dalit human rights:Problems and opportunities, Humanscpe-September-2001.
[1] Shri. Kusuma Krishna Murthy, Ineffective Control of violence Against Harijans,Untouchables ! Ed.by Barbara R.Joshi.p.119
[2] As reported by Smita Narula, researcher for the Asia division of Human Rights Watch.
[3] Radha Venkatesan ,”cell to protect SCs flounder in Tamilnadu”, Indian Express (Bombay ),June 15,1997
[4] : National; SC/ST Commission Report ,1996-97 & 1997-98,p.309
[5] Human Rights Watch interview with Sudha Ramalingam, People’s Union for Civil Liberties, Madras, February 12,1998
[6] STATEMENT-At the World Conference Against Racism, Racial Discrimination, Xenophobia & Related intolerance, Durban September, 2001
Human Rights and Atrocities against Dalits
By: Lalit P. Khandare
Submitted in partial fulfillment of the course requirement of Post Graduate Diploma in Human Rights Law
NATIONAL INSTITUTE OF HUMAN RIGHTS
NATIONAL LAW SCHOOL OF INDIA UNIVERSITY
BANGLORE
Content Pg. No.
1. NTRODUCTION
2. HISTORY OF OPPRESSION AND CRIME AGAINST SC/ST
3. THE RIGHT TO LIFE AND SECURITY
4. POST-INDEPENDENCE SOCIO-LEGAL INITIATIVES
5. THE EVALUATION OF LEGAL MEASURES
6. SOCIAL REFORMERS FOR ABOLITION OF UNTOUCHABILITY
7. INTERNATIONAL INTERVENTIONS
8. ROLE OF NGOS AND INGOS
9. NEED FOR FURTHER INTERVENTION
10. CONCLUSION
11. REFERENCES
1. Introduction:
There are social economical and political reasons for history of oppression and crime against Dalits and Adivasis. Nowhere in the history of mankind is there any system like as we posses it in India. This caste system alone has created a section of sub-human beings in this country in the form of Dalits, whose human rights have been trampled systematically for ages. Under this mysterious system, these subhuman beings are safe as long as they have to face the eternal war of extermination, which is silently operating in the form of atrocities.
When our national leaders and constitutional makers were occupied with the thoughts of making the new born India a better place to live in, of securing economic and social justice for the various people subjected to centuries of exploitation …they were clear that all this is impossible without ensuring special treatment for the deprived. Article 14 to18 of the Constitution, which effected a fundamental change in the social and legal realm for India. Under Article 17 of our Constitution abolishes the practice of “Untouchability” and punishes the enforcement of any disability arising out of the practice. Thirty -four years after the introduction of the PCR Act, the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Rule, 1995 was enacted to bring these other forms of abuses to an end .In the Atrocities Act … the complainant is given more weight. There are also stringent provisions against the police for negligence. The 1989 Act specifies the eighteen types of atrocities for penalty.
Not a day passes when a major incident of atrocities on Dalits in the country does not take place, and brutal and cold-blooded means are employed by the perpetrators of crimes. The Special exclusive Courts envisaged under prevention of Atrocities Act, 1989, have not been established so far, disposed of cases is tardy, the witnesses belonging to scheduled castes are being discarded as interested parties and other witnesses are turning hostile. The conviction rate is very poor and the acquittal rate in such cases was as high as 95 percentages.
Organisations like NCDHR, Navsarjan, Manav Hakk Abhiyan, ICHRL and others are working on the cases of Dalit and Adivasi atrocities.
The Untouchability has multiple dimensions for its persistence in today’s society. The strategic micro and macro level initiatives are needed to tackle the crime against Dalits and Adivasis. There is need civic and state initiatives to ensure their basic rights to livelihood, education, land and labour, right to life & security and equality of opportunity
The Indian Government should fully implement the provision of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995.Indian government should enlist the support of the United Nations multilateral financial institutions India’s trading partners and national and international government organisation to the pervasive problem of caste –based abuse. It should also place a priority on strengthening institutional mechanisms aimed at addressing issues of violence and discrimination.
Genuine initiatives are needed to target the root causes of the crime against Dalits and Adivasis .The politicians, social activists, judiciary, executive and media to abolish the Untouchability and problems of Dalits and Adivasis. This will only bring the equality, justice, freedom and fraternity in true sense.
2. History of oppression and crime against SC/ST:
"No where in the history of mankind is there any system like as we posses it in India. This caste system alone has created a section of sub-human beings in this country in the form of Dalits, whose human rights have been trampled systematically for ages. Under this mysterious system, these subhuman beings are safe as long as they have to face the eternal war of extermination which is silently operating in the form of atrocities."[1]
The Hindu religion is based on Caste System with graded inequality, Brahmin (Priest caste) on the top, below comes Kshatriya (ruling caste), below comes Vaishya (business caste), below stands Shudras (menial caste) to serve all 3 masters, and Untouchables are the lowest of the low- the Out-Caste. In this caste hierarchy power is in ascending order and contempt is in descending order. This is like a 5 story building with no stairs to go-water tight compartments. The top 3 castes are the ruling high caste less than 15%, but control 80 % of the power, wealth, police judiciary and 90% media.
In villages Dalits cannot fetch water even from the public well or the well gets polluted as per hindu beliefs. They cannot socialise in village cafe for the fear of pollution. If they dared, there are many cases of beatings, killings by high caste Hindus.
The Hindu religious traditions in certain parts of India force 6 year old female Untouchable child to marry to temple god by coercing her parents-the landless labour, and at puberty they rape her and every year 5000-10,000 these children are secretly auctioned to the brothels of Bombay and other major cities. This system is known as Devdasi or Maidens of God. Other sanctified female child prostitution is called Jogins where a child at puberty is forced to stay with her parents as a BONDED LABOUR and the Hindu masters visit her at her house to have the sexual pleasures. Moreover, the evidence shows that the vast majority (80-98%) of bonded labourers in India come from Dalits and Adivasi communities.
3. The right to life and security:
Rule of Caste over Rule of Law Untouchability- Same as it Ever Was: Despite official assertions and the mass of educated, urban beliefs to the contrary, dozens of forms of untouchability, varying in their degree of inhumanity, persist unabated today in rural areas. A 1996 survey of 69 villages in Gujarat revealed that 46 villages had separate water facilities for Dalits. A 1992-1993 survey of 52 villages in Karnataka revealed that 80% bar Dalits from entering into hotels. 400 villages in Warangal District, Andhra Pradesh, still practice the two-tumbler system for tea and coffee in 1999. The evidence presented by the Black Paper is sufficient to show that these examples are easily multiplied and even include incidents of highly perverted social behavior such as forcing Dalits to drink or eat excreta, dumping carcasses or other waste matter in their premises and polluting their drinking water sources.
The prevalence of the menace of untouchability denies Dalits the ability to live his or her day-to-day existence and carry out mundane activities with even a modicum of human dignity: drawing water, taking tea, moving about freely, wearing clothes of one’s choice, worshiping freely, etc.
Manual Scavenging: What National Pride? Today, even as we march into the 21st century as a nuclear power, there are four to eight lakh Dalits having to manually carry human excreta as part of the sanitation arrangements in various places, including our nation’s capitol. They earn a mere Rs. 50 a month. Rehabilitating less than a million manual scavengers in a population of a thousand million is no gigantic task, especially, when the programme can be concentrated on just four states where 70% of the manual scavengers live. Given that laws banning the practice are in place and crores of rupees have been allocated for their rehabilitation and to build flush latrines, why does this major social evil and blot on national pride continue? Why do our leaders make it so obvious that they have no moral conscience whatsoever?
Atrocities- Caste (read "Mob") Rule: In hundreds of districts and several states, Dalits live today in a constant state of alert and fear due to threats to their life and security from upper-caste militias, sometimes abetted by or tacitly condoned by police. Since it was founded in August 1994, the Ranavir Sena has perpetrated 19 massacres killing 277 persons, almost all of them poor, landless Dalits. Till date, no important member of the Sena has been tried in court.
From 1995 to 1997, a total of 90,925 crimes against Dalits were registered by police, of which 1617 were for murder, 12,591 for hurt, 2824 for rape, and 31,376 for offenses listed under the SC and ST Prevention of Atrocities Act, 1989. These numbers represent only registered crimes. Either due to intimidation, inaccessibility of police stations, or loss of faith in the law enforcement agencies, many cases go unreported.
There is more than enough data and evidence to show that "untouchability is not an ancient cultural artifact, it is human rights abuse on a vast scale," [2]
4. Post-Independence Socio-Legal Initiatives
When our national leaders and constitutional makers were occupied with the thoughts of making the new born India a better place to live in, of securing economic and social justice for the various people subjected to centuries of exploitation …they were clear that all this is impossible without ensuring special treatment for the deprived. Article 14 to18 of the Constitution, which effected a fundamental change in the social and legal realm for India. Under article 17 of our constitution, ”Untouchability” stood abolished ,and its practice became forbidden, special provision for Affirmative-Action (reservation)contained in Article 15 and 16 and to protect Dalits from Social injustice and all forms of exploitation ,the laws made in that behalf ,namely ,the Protection of Civil Rights Act 1955and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities )Act, 1989.These provisions have not resulted in substantial improvement in the status and position of the Dalits even after 55 years of Independence .
Under Article 17 of our Constitution abolishes the practice of “Untouchability” and punishes the enforcement of any disability arising out of the practice. In order to enforce Constitutional provision, the Untouchability (offences) Act, 1955 was passed by the Parliament to make provisions for punishment for offences that amounted to observance of Untouchability in any form .On realization of the of the need to make the law stringent ,the Act was amended and renamed as the Protection of Civil Rights Act,1955 under which the Practice of 'Untouchability ' has been made an offence both cognizable and non cognizable .However ,convictions under this Act have been very few. Even where the cases ended in conviction ,the punishment has been to been too formal .The greatest deficiency of the Protection of Civil Rights Act was the fact that abuses against Dalits were not limited to name calling or denial of entry into public spaces: violence was defining characteristics of the abuse .Thirty -four years after the introduction of the PCR Act ,the Scheduled Caste & Scheduled Tribes(Prevention of Atrocities )Act, 1989 and the Scheduled Caste & Scheduled Tribes(Prevention of Atrocities )Rule, 1955 was enacted to bring these other forms of abuses to an end .In the Atrocities Act … the complainant is given more weight. There are also stringent provisions against the police for negligence. The 1989 Act specifies the eighteen types of Atrocities for penalty.
The promulgation of this Act itself was an acknowledgement by the central government that abuses, in their most dehumanizing form, continue to take place against Dalits throughout the country.
Not a day passes when a major incident of atrocities on Dalits in the country does not take place ,and brutal and cold-blooded means are employed by the perpetrators of crimes. The Special exclusive Courts envisaged under prevention of Atrocities Act,1989 ,have not been established so far ,disposed of cases is tardy ,the witnesses belonging to scheduled castes are being discarded as interested parties and other witnesses are turning hostile . The conviction rate is very poor and the acquittal rate in such cases was as high as 95 percentages.
The past annual reports of National commission shows that the average number cases registered annually were 480 during the 1950s ,903 during the 1960s ,3240 during the 1970s and 3875 during the 1980s .The incidents of atrocities against the Scheduled Castes ,that on average 30,000 cases of general crimes and atrocities committed against Dalits were registered annually during 1981-97 . During 1981-86 and 1995-97 a total of 2,69,000 cases of crime and atrocities were committed against Dalits .The break -up of the atrocities for the year 1997 shoes 504 cases of murder ,3,462 of grievous hurt ,384 of arson and 1,002 cases of rape ,and 12149 cases of other offences .The data between 1981-1997 showed that on an average annually about 508 Dalit were murdered ,about 2343 were hurt ,847 were subjected to arson ,754 women were raped and about 12000 were subjected to other offences .The violation of civil rights shows that Dalits can not enjoy the liberty and equality in civic and political sphere. In Tamilnadu ,from 1992 to 1997 , some 750 cases of atrocities against Dalits were registered annually by the state police .However , the number of convictions secured by protection of civil rights cells established in each district to implement the Atrocities Act was very low .From 1992 to 1997 only four out of 1500 case led to a conviction ,despite the fact that in 1997 as many as 118 villages were considered by the government to be “atrocities – prone”.[3]
States Incidences of total % contribution to
Cognisable crimes(against Dalits ) All India Total
total
Uttar Pradesh 10963 34.9
Rajestan 6623 21.1
Madhya Pradesh 4075 13.0
Tamilnadu 1812 5.8
Gujarat 1764 5.6
Andhra Pradesh 1629 5.2
Maharashtra 1352 4.3
Karnataka 1089 3.5
Bihar 810 2.6
Kerala 640 2.0
Orissa 486 1.5
(*) This list contains only states having incidences above 100
This list contain only reported crimes[4]
5. Evaluation of Legal Measures
National SC/ST Commission Report (1996-97&1997-98) reflects that the projects conceived for the development of SC/ST are starved of funds. Land ceiling laws have not been enforced & SCs/STs are not accorded priority in the land allotment ,land illegally alienation to the non-SCs/STs are not restored to the original allottees and the ownership of the productive assets is also unequally distributed to the disadvantaged SCs/STs. The quota of reservation is not being filled ,instead the existing privileges and concessions available are being withdrawn by the government and untouchability is prevalent in various forms in the country.
The implementation of Atrocities Act and other legislation, however, depends largely on the ability and willingness of the Police to follow proper procedures and overcome caste biases, economic hurdles and other obstacles.
Police, in, some cases perpetrate atrocities, they use various tactics in order to avoid investigating and/or prosecuting rights violation against Dalits and implementing the SC/ST Act. Police brutality and custodial deaths happen much frequently than they should. The report prepared by the SAKSHI (NGO working in A.P.) documented 14 cases of such human rights violations perpetrated by the very people entrusted to uphold the law and protect the citizens from harm .In many of these cases , the police arrest the victim on false cases or bring them in for questioning in connection with theft cases. In many incidents of custodial death and police brutality, the police are not arrested suspended, unless the press wildly publicizes the incident.
In many cases victim never even get a chance simply because police refuse to register the case . As a result , the are not even arrested. Some times , the police themselves mediate in the conflict , but they usually end up "mediating" on behalf of the perpetrator , rather than being impartial , objective third party . In another attempt to force the Dalit victim to withdraw their complaints or cases, police have been known to foist false cases against Dalit at behest perpetrator and their kith and kin. Cognizant of the fact that the SC/ST Act is a very powerful act with strong punitive and retributive measures , police are often reluctant to register cases of Dalit atrocities under the Act.
Rule 7(1) of the Act stipulates that cases registered under the Act an officer no lower than the rank of Deputy supt. of Police should conduct the investigation. In many cases however ,an officer of rank conducts the investigation and the Deputy Supt. of Police simply sign off on it .There have been instances in the lower courts where the judge has acquitted the accused or squashed an appeal on the grounds that the DSP has not conducted the investigation as per Rule 7(1).This raises the suspicious that police deliberately subvert the rules o Investigation in order to weaken the case in the courts.
The backlog of cases is largely due to lack of special courts and special prosecutors .Pursuant to the Act each revenue district within each state must designate a special court for the trial of such offences .According to lawyers with the People’s Union for Civil Liberties (Tamilnadu) ,Almost all atrocities Act cases go to regular sessions courts , which are already overburdened with original and appellate jurisdiction over district level civil and original cases .Even if the a case reach the trial level , the local police biases are mirrored at the judicial level.[5]
6. Social reformers for abolition of untouchability:
There were so many leaders who had questioned the existing social system. Among them where Buddha in the ancient period, Mahatma Jyotiba Phule, Ayotheethas Pandithar, E.V. Ramasamy and Dr.D.R.Ambedkar. Among these Dr. B.R.Ambedkar played a prominent role. He was unhappy to see the oppression and suppression of the so-called “untouchables”. They were denied of their basic rights and were humiliated in all spheres of life. In December 1927 he led a Satyagraha to establish the civic right of the Untouchables to draw water from a public tank, “Chavdar Talav”, at Mahad, district Kolaba (Raigad at present). He was also nominated as a delegate to the three Round Table Conferences. Gandhi opposed his demand for separate electorates for the Untouchables. The communal award on August 1932 conceded separate electorates for the Untouchables. Gandhi went on fast unto death on 20 September 1932 and finally POONA pact was made on 24th September 1932. Later on in 1935 he made a statement that the Untouchables would leave the Hindu fold altogether and accept some other religion as it never recognized the social equality. Finally, on 14th October 1956 he embraced Buddhism and advised his followers to accept the new faith. The most important thing in his career was when he became the Chairman of the Drafting Committee to frame the constitution of India. In 1955 he founded the Bharatiya Buddha Mahasabha for the spread of Buddhism in India.
7. International Interventions
India is a signatory for several United Nations Conventions and so obliged to abide by their provisions. The Committee on the Elimination of Racial Discrimination (CERD) and the Human Rights committee (HRC) , monitoring bodies under the United Nations International Conventions on the Elimination of all forms of Racial Discrimination and the International Covenant on Civil and Political rights, respectively , have both expressed concern over the severe social discrimination still practiced against members of Scheduled Castes and Scheduled tribes. Both committees have also recommended measures that can be taken to ameliorate the situation.
At the UN CERD 61 Session Geneva, Switzerland, 10 August 2002 Historic Decision by UN Committee on the Elimination of Racial Discrimination to draft General Recommendation of Caste based discrimination
This is indeed a historic decision taken by the UN Committee for the Elimination of Racial Discrimination (UN CERD) to pass a General Recommendation on the Caste Based Discrimination. This implies that Caste based discrimination will be directly addressed with clear guide lines of monitoring by the states within their respective countries as well as reporting to the CERD in its deliberations. The important spin-off is that Caste based discrimination will be addressed the many UN bodies on its own identity and within the parameters of the discrimination being experienced by the Dalits and similar communities across the world. It will mean that every Charter body or relevant international Conventions like CRC (Convention of Child Rights), CEDAW (Convention of Elimination of Discrimination Against Women), ICCPR (International Convention for Civil and Political Rights), ICSECR (International Convention on Social, Economic and Cultural Rights).
There were statements from Joint Statement from of 26 NGOs (International Dalit Solidarity Network), National Campaign on Dalit Human Rights, India, National Federation of Dalit Women, Sakshi-Dalit Human Rights Watch – Andhra Pradesh, Centre for Dalit Human Rights, Rajasthan, AP Jogini Vyvastha Vyathireka Porata Sanghatan, Lutheran World Federation-Geneva, International Movement Against discrimination and Racism – Japan, Buraku Liberation League, Nepalese Dalit NGO Federation, Human Development Organisation – Sri Lanka, National Dalit Commission (Nepal), RADDHO (Senegal ), SAFRAD- Somali Association, Timidria – Niger, Centre Minority Rights Development (Kenya).
National Human Rights Commission, New Delhi, India[6]
This World Conference Against Racism, Racial Discrimination, Xenophobia & Related Intolerance holds, in reality, a mirror to the soul of each of us. The Commission is acutely aware that the journey to end discrimination, injustice and inequality will be long and often frustrating. But it is convinced that, in this mission, the Constitution of the Republic has shown the way. Legislative and affirmative action programmes are firmly in place, but unquestionably need to be far better implemented. The Commission is convinced that discrimination on any of the grounds contained in the Constitution of India, and these include race, caste and descent, constitute an unacceptable assault on the dignity and worth of the human person and an egregious violation of human rights. Such discrimination must therefore be eradicated, as must other forms of discrimination covered by United Nations treaties. The Commission holds the view that the instruments of governance in our country, and the energetic and committed non-governmental sector that exists, can unitedly triumph over the historical injustices that have hurt the weakest sections of our country, particularly Dalits and Scheduled Tribes. This is above all a national responsibility and a moral imperative that can and must be honoured.
8. National level NGOs for prevention of crime against dalits and adivasis:
Organisations like NCDHR, NAVSARJAN, MANAV HAKK ABHIYAN, ICHRL and others are working on the cases of Dalit and Adivasis atrocities. They are working with different strategies. Some of the major initiatives of these NGO’s are as follows:
Ø Organisational and Legal support to the effective implementation of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and other relevant acts.
Ø Land reforms - implementation of land ceiling act and redistribution of lands.
Ø Conducting Public Hearing at the places of atrocities.
Ø Advocating for policy implementation for abolition of untouchability at national and international level.
9. Need for further intervention:
As we have seen that Untouchability has multiple dimensions for its persistence in today’s society. The micro and macro level initiatives in various field is the need of an hour. So that the issue of crime against Dalits and Adivasis can be tackled to a large extent by assuring them their right to Livelihood, Education, Land & Labour, Life and Security ,equality of opportunity.
Rights to Life and Security:
The Indian Government should fully implement the provision of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995. In particular it should ensure that State constitute and oversee state and district level vigilance and monitoring committee, as required by Rules 16 and17 of the SCs and STs (POA)Rules ,1995 ,for the implementation of the Act .Government take consult with local , NGOs in the in the process of investigation .
Ensure that States establish special courts in every revenue district and appoint special public prosecutors to try cases arising under the Atrocities Act.
Each police station should have a SC/ST Atrocities cell to handle investigation of abuses and alleged violation of Atrocities Act . Each revenue district should also have a special duty superintendent of police challenged with investigating atrocities under the act .The cells should work closely with the vigilance and monitoring committees established under the Atrocities Rules to ensure full enforcement .
Ensure immediate and full compensation by the district administration to victims of atrocities as per the atrocities Rules.
Provide training to district officials charged with enforcing the Atrocities Act.
Statutorily empower the National Commission for Scheduled Caste and Scheduled Tribes to oversee implementation of Atrocities Act in all States.
Strengthen the capacity of the National Human Rights Commission and the National commission for women to operate branch offices in all states with enough financial resources and powers to initiate prosecution of cases.
Implement recommendation made by the National Police Commission in 1980, specifically those that call for a mandatory judicial inquiry in cases of alleged rape, death or grievances injury of people in police custody.
Ensure that each police Station has adequate female police personnel, consistent with adequate female police personnel, consistent with recommendation made by the National Commission for SCs and STs.
Launch a nation wide public awareness campaign regarding the legal prohibition of “untouchability”,”atrocities” and other forms of discrimination and violence against Dalits. The ignorance and indifference to the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and other such laws requires radical steps to sensitize the law enforcement offences, in particular the police and the bureaucracy about the urgency and importance of the provision of this Act .The genuine initiatives are needed to target root causes of the problem, involving the politicians, social activists, judiciary, executive and media to abolish the caste system from Indian society and bring justice , equality ,freedom and fraternity to treat a human as human.
Right to Livelihood
To amend Art. 21, Part III, Fundamental Rights, so as to include the following rights for all citizens, but with preferential consideration for SCs and STs: right to a standard of living adequate to their health and well-being in areas such as food, safe drinking water, clothing, housing, public health and medical care, social security and social services; right to free and compulsory education; right to own five acres of cultivable land, or to gainful employment; right to a living wage. To allocate adequate funds in the annual budget of the Centre and States to the tune of 20% of GDP in order to enable the implementation of the policies and programme related to the same amendment of the Constitution. To enact a law in Parliament which would tax 15% of the annual income of the private corporate sector in order to augment the resources necessary for the effective and swift implementation of the policies and programme.
Right to Education
Implement both in letter and spirit compulsory, universal and free education for Dalits. Make the reservation quota mandatory for all private educational institutions at different levels- from primary to technical and professional. Take total responsibility for making Dalit communities literate within a specified period of ten years.
Right to Land & Labour
Bring down the ceiling limit of land ownership in the Land Reforms Act. From the declared surplus land under the Land Ceiling Act distribute a minimum of five acres of cultivable land to each Dalit household within three years. Appoint statutory committees at national and state level, under the purview of the SC/ST Commission, to identify within a specified time-frame all the Panchami Lands; to study the extent of areas occupied by non-Dalits; to assess the quantum of compensation to be paid by the non-Dalits for having utilized the lands; to identify and distribute the lands to the original Dalit owners and their nearest kith and kin.
Right to equal opportunity
Fill all backlog posts meant for Dalits immediately and, that too, only with Dalits. Make reservation mandatory in the private sector in the same proportion as it is in the government institutions. Review the earlier policy of prohibiting reservation to certain areas like judiciary, trustee posts, etc. Ensure, in the light of the Supreme Court verdict- reservation should not exceed more then 50%- that the representation of the forward castes (non-SC/ST/OBC) does not exceed 50%.
10. Conclusion:
Indian government should enlist the support of the United Nations multilateral financial institutions India’s trading partners and national and international government organisation to the pervasive problem of caste –based abuse. It should also place a priority on strengthening institutional mechanisms aimed at addressing issues of violence and discrimination. Genuine initiatives are needed to target the root causes of the crime against Dalits and Adivasis .The politicians, social activists, judiciary, executive and media to abolish the untouchability and problems of Dalits and Adivasis. This will only bring the equality, justice, freedom in true sense.
11. References
Chandra and Pradhan(2001) :Crime against SCs/STs in Rural Areas: a study of causes and remedies, ,Journal of Rural Development,Vol 20(1),Jan-Mar.2001.
Susan Byle(1999):The Cambridge History of India-Caste Society and politics in India, Cambridge University Press.
Chandra,Sailaja, Justice V.R.Krishna Iyer on Fundamental Rights and Directive Principal’, Deep and Deep Publication House, New Delhi.
Thorat Sukhdeo, Oppression and Denial –Dalit Discrimination in the 1990s, Economic and Political Weekly,February,9,2002,
Moon, Vasant (1987): Dr.B.R. Ambedkar:writing and Speeches, Volume3, Government of Maharashtra.
Ghosh,S K, (1987): Law enforcement in tribal areas , Ashidh Publishing House, New Delhi,1987.
National SC/ST Commission,GOI, Report ,1996-97 & 1997-98,p.309 Report(2003)
‘Dalit and Globalisation’ by National Campaign For Dalit Human Rights
Barse,Sheela : Our Children are Gone –an attempt to interpret the Indian Constitution and the international law on indigenous peoples and their children’s rights, NeergauravResearch & Development Foundation, Mumbai.
Prakash Louis: Dalit human rights:Problems and opportunities, Humanscpe-September-2001.
[1] Shri. Kusuma Krishna Murthy, Ineffective Control of violence Against Harijans,Untouchables ! Ed.by Barbara R.Joshi.p.119
[2] As reported by Smita Narula, researcher for the Asia division of Human Rights Watch.
[3] Radha Venkatesan ,”cell to protect SCs flounder in Tamilnadu”, Indian Express (Bombay ),June 15,1997
[4] : National; SC/ST Commission Report ,1996-97 & 1997-98,p.309
[5] Human Rights Watch interview with Sudha Ramalingam, People’s Union for Civil Liberties, Madras, February 12,1998
[6] STATEMENT-At the World Conference Against Racism, Racial Discrimination, Xenophobia & Related intolerance, Durban September, 2001
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